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Denial Of STD Benefits Was An Abuse Of Discretion, Federal Judge Determines
SAN DIEGO - A disability plan's termination of short-term disability (STD) benefits was an abuse of discretion because the plan failed to consider the claimant's subjective reports of pain related to her diagnosis of multiple sclerosis and erroneously concluded that the claimant's symptoms had improved, a California federal judge said March 4 in remanding for an award of STD benefits and for a determination on the claimant's entitlement to long-term disability (LTD) benefits (Lizbeth Valdez v. AT&T Umbrella Benefit Plan No. 1, No. 16-2613, S.D. Calif., 2019 U.S. Dist. LEXIS 34159). (Source: LexisNexis® Mealey's™...
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - March 12, 2019 Category: Medical Law Source Type: news

Reconsideration Not Warranted In Disability Benefits Suit, Judge Says
OKLAHOMA CITY - An Oklahoma federal judge on Feb. 8 denied a disability claimant's motion for reconsideration after determining that the claimant presented no new evidence that would warrant reconsideration of a judgment entered in favor of the disability insurer (Alison Smith v. The Standard Insurance Co., No. 16-953, W.D. Okla., 2019 U.S. Dist. LEXIS 20784). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - March 12, 2019 Category: Medical Law Source Type: news

9th Circuit Denies Rehearing In Abuse Of Discretion Disability Benefits Dispute
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Feb. 12 denied a long-term disability (LTD) plan administrator's motion to reconsider its decision that the plan administrator abused its discretion in denying LTD benefits under the plan's any-occupation standard because the plan administrator failed to properly consider restrictions placed on the claimant's ability to stand (Jennifer Kott v. Agilent Technologies Inc. Disability Plan, No. 17-16584, 9th Cir., 2019 U.S. App. LEXIS 4235). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - March 12, 2019 Category: Medical Law Source Type: news

Disability Claimant Is Not Entitled To Benefits Under Any-Occupation Standard
PHILADELPHIA - A district court did not err in finding that a disability claimant is not entitled to long-term disability (LTD) benefits under a plan's any-occupation standard because the medical evidence supports the plan's determination that the claimant was capable of performing full-time sedentary work, the Third Circuit U.S. Court of Appeals said Feb. 28 (Thomas P. Kelly Jr. v. The Penn Mutual Life Insurance Co., et al., No. 18-1162, 3rd Cir., 2019 U.S. App. LEXIS 6199). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - March 12, 2019 Category: Medical Law Source Type: news

Claimant Achieved Success When Disability Claim Was Remanded, Federal Judge Says
BOSTON - A disability claimant is entitled to an award of attorney fees based on the claimant's success in having the claim remanded to the administrator for further review; however, the amount of attorney fees to which the claimant is entitled cannot be calculated until after the claimant's administrative appeal is resolved, a Massachusetts federal judge said Jan. 28 (Brian Host v. First Unum Life Insurance Co., et al., No. 13-11578, D. Mass., 2019 U.S. Dist. LEXIS 12832). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 12, 2019 Category: Medical Law Source Type: news

Panel Denies Disability Claimant's Motion To Transfer Attorney Fee Question
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Jan. 14 denied a disability claimant's motion to transfer consideration of attorney fees to the district court, which will be considering the source of a claimant's disability on remand, because the claimant has not yet achieved any degree of success on the merits (Miae Decovich v. Anthem Life Insurance Co., No. 17-15324, 9th Cir., 2019 U.S. App. LEXIS 1218). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 12, 2019 Category: Medical Law Source Type: news

Untimely Demand For Jury Trial Permitted In Disability Coverage Suit
NEW ORLEANS - A Louisiana federal judge on Jan. 29 denied an insurer's motion to strike a disability claimant's untimely demand for a jury trial after determining that the untimely demand will cause no disruption to the court's calendar and will not cause any prejudice to the insurer (Jeffrey Avena v. Massachusetts Mutual Life Insurance Co., No. 18-9406, E.D. La., 2019 U.S. Dist. LEXIS 13902). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 12, 2019 Category: Medical Law Source Type: news

Default Judgment Entered Against Disability Claimant; Plan Owed For Overpayment
CINCINNATI - After noting that it is clear that a disability claimant has no intention of defending himself against a disability plan's lawsuit seeking to recover an overpayment of disability benefits, an Ohio federal judge on Jan. 29 entered a default judgment against the claimant for more than $7,500 that is owed to the plan (P&G Health& Longterm Disability Plan v. Javier Molinary, No. 18-283, S.D. Ohio, 2019 U.S. Dist. LEXIS 13667). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 12, 2019 Category: Medical Law Source Type: news

Plan Administrator's Motion To Reconsider Partially Granted Based On Elimination Period
BALTIMORE - A Maryland federal judge on Feb. 1 partially granted a plan administrator's motion to reconsider after determining that the administrator's denial of long-term disability (LTD) benefits for one of two periods of time was justified based on the plan's elimination period, which neither party addressed when the judge initially ruled against the plan (Leslie R. Vetter v. American Airlines Inc., et al., No. 16-2833, D. Md., 2019 U.S. Dist. LEXIS 15550). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 12, 2019 Category: Medical Law Source Type: news

Federal Judge Remands LTD Claim To Administrator For Recalculation Of Benefits
LOS ANGELES - A California federal judge on Feb. 1 remanded a long-term disability (LTD) claim to the plan administrator to recalculate a claimant's monthly benefits to include the claimant's commissions and monthly and quarterly bonuses after determining that the plan is ambiguous as to what constitutes monthly earnings (Remy Renault v. Unum Life Ins. Co. of America, et al., No. 16-7078, C.D. Calif., 2019 U.S. Dist. LEXIS 17622). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 12, 2019 Category: Medical Law Source Type: news

Disability Insurer Reasonably Applied Pre-Existing Condition Limitation To Deny Benefits
BOSTON - A disability insurer's denial of long-term disability (LTD) benefits based on the policy's pre-existing condition limitation was reasonable because the insurer offered a reasonable interpretation of the policy that clearly precludes coverage for LTD benefits if the claimant was treated for the same sickness during the 90 days prior to the effective date of coverage, a Massachusetts federal judge said Jan. 14 (William Holzman v. The Hartford Life and Accident Insurance Co., No. 17-11436, D. Mass., 2019 U.S. Dist. LEXIS 6049). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 12, 2019 Category: Medical Law Source Type: news

Insurer Failed To Prove Disabling Condition Was Caused By Pre-Existing Condition
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Jan. 22 reversed a district court's ruling in favor of a disability plan after determining that the insurer failed to carry its burden of proving that the plan's pre-existing condition exclusion applied to bar a claim for long-term disability (LTD) benefits (Fadi G. Haddad, M.D. v. SMG Long Term Disability Plan, et al., No. 17-16729, 9th Cir., 2019 U.S. App. LEXIS 2003). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 12, 2019 Category: Medical Law Source Type: news

Evidence Supports Insurer's Finding That Claimant Was Not Totally Disabled
PHOENIX - A disability insurer did not breach its contract or act in bad faith by denying a claim for benefits because the evidence supports a finding that the claimant was not totally disabled, an Arizona federal judge said Jan. 30 (Cynthia Cheney v. United States Life Insurance Company in the City of New York, et al., No. 17-0004, D. Ariz., 2019 U.S. Dist. LEXIS 14742). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 12, 2019 Category: Medical Law Source Type: news

Substantial Evidence Supports Insurer's Termination Of LTD Benefits
FORT SMITH, Ark. - A disability insurer did not abuse its discretion in terminating a claimant's long-term disability(LTD) benefits under the plan's any-occupation standard because there is substantial evidence supporting the insurer's termination of benefits, an Arkansas federal judge said Jan. 16 (Dwight W. Phelan v. Unum Life Insurance Company of America, No. 18-2049, W.D. Ark., 2019 U.S. Dist. LEXIS 7699). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 12, 2019 Category: Medical Law Source Type: news

Disability Claimant Is Not Disabled Under Any-Occupation Standard, Judge Says
WASHINGTON, D.C. - A disability insurer did not wrongfully terminate a claimant's long-term disability (LTD) benefits because the claimant failed to prove that she was incapable of performing the duties of any occupation, a District of Columbia federal judge said Feb. 1 (Josephine Kemathe v. Reliance Standard Life Insurance Co., No. 17-903, D. D.C., 2019 U.S. Dist. LEXIS 16248). (Source: LexisNexis® Mealey's™ Disability Insurance Legal News)
Source: LexisNexis® Mealey's™ Disability Insurance Legal News - February 12, 2019 Category: Medical Law Source Type: news